ORS Chapter 353

Chapter 353 — OregonHealth and Science University

2009 EDITION

OREGONHEALTH AND SCIENCE UNIVERSITY

EDUCATIONAND CULTURE

GENERALPROVISIONS

353.010 Definitions

353.020 OregonHealth and Science University as public corporation; establishment; status

353.030 Publicpolicy of university; missions; purposes

353.035 Certainlaws to be liberally construed; severability

BOARDOF DIRECTORS

353.040 Boardof directors; appointment; membership; meetings; removal of members

353.050 Powersand duties of board and university officials

353.060 Presidentof university

AUTHORITYAND DUTIES

(Generally)

353.070 Productsof individuals with disabilities; rules; publication of product sources

353.080 Reporton activities and operations

353.100 Applicabilityof laws to university

353.108 Realproperty and facilities utilized by university; legal title; lease; management

353.110 Authorityto acquire private property; condemnation

353.117 Creationof tax-exempt entity by university

353.120 Adoptionof alcohol and drug abuse policy

353.130 Publiccontracts

353.140 Fundingrequest; budget

353.160 Audits

(Students)

353.180 Studenteducation records

353.190 Effectof student religious beliefs on admission and attendance

353.200 Rightsof students in military ordered to active duty; rules

353.202 Creditfor room, board, tuition and fees for students ordered to active duty; rules

353.205 Creditfor education and training received while serving in Armed Forces; rules

(PhysicalAccess Committee)

353.210 Purpose;members; duties

PERSONNEL

353.250 Alternativeretirement programs

353.260 Personnelrecords; access; control; creation

353.270 Compensationof officers and employees; conflicts of interest

353.280 Faculty;status; powers

353.290 Reductionsin faculty; affirmative action plans and goals

353.300 Politicalor sectarian test prohibited in appointment of faculty or employees

FINANCE

(Generally)

353.330 Effectof law on bonds, certificates of participation or agreements for borrowingmoney; responsibility for payment; rights of holders of obligations

(Bonds)

353.340 Issuanceand sale of revenue bonds by university

353.350 Revenuebonds considered bonds of political subdivision

353.360 Refundingbonds

353.370 Noticeto Legislative Assembly required if shortfall in moneys exists for payment ofamounts under bonds, certificates of participation or agreements for borrowingmoney

(FinancialAgreements)

353.380 Definitionsfor ORS 353.380 to 353.420

353.390 Authority;limitations

353.400 Delegationof board authority

353.410 Universitypowers regarding financing agreements and credit enhancement agreements

353.420 Effectof financing agreement on tax status

PROGRAMS

353.440 Coordinationof programs with Oregon University System

353.445 Venturegrant program

353.450 AreaHealth Education Center program; continuing education programs for physiciansin rural areas; emergency medical technician training in rural areas

353.460 Centerfor Research on Occupational and Environmental Toxicology

353.470 Fundingof center

353.480 Pediatricdental residency program

OREGONOPPORTUNITY PROGRAM

353.550 Definitionsfor ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter 921,Oregon Laws 2001

353.553 Shorttitle

353.556 Purpose;policy; findings; intent

353.559 Creation;university duties; expenditure of proceeds

353.563 Taskforce on program impact on university missions

NURSINGEDUCATION PROGRAM GRANTS

353.600 Definitionsfor ORS 353.600 to 353.612

353.603 Grantdistribution; administrative expenses; contributions

353.606 OregonNursing Shortage Coalition Committee

353.609 Dutiesof committee; grant criteria; use of grant funds

353.612 NursingEducation Grant Fund

GENERALPROVISIONS

353.010Definitions.As used in this chapter:

(1)“Board” means the Oregon Health and Science University Board of Directorsestablished under ORS 353.040.

(2)“Public corporation” means an entity that is created by the state to carry outpublic missions and services. In order to carry out these public missions andservices, a public corporation participates in activities or provides servicesthat are also provided by private enterprise. A public corporation is grantedincreased operating flexibility in order to best ensure its success, whileretaining principles of public accountability and fundamental public policy.The board of directors of a public corporation is appointed by the Governor andconfirmed by the Senate but is otherwise delegated the authority to set policyand manage the operations of the public corporation.

(3)“University” or “Oregon Health and Science University” means the Oregon Healthand Science University public corporation created under ORS 353.020. [1995c.162 §1; 1999 c.291 §1]

353.020Oregon Health and Science University as public corporation; establishment;status.Oregon Health and Science University is established as a public corporation andshall exercise and carry out all powers, rights and privileges that areexpressly conferred upon it, are implied by law or are incident to such powers.The university shall be a governmental entity performing governmental functionsand exercising governmental powers. The university shall be an independentpublic corporation with statewide purposes and missions and without territorialboundaries. The university shall be a governmental entity but shall not beconsidered a unit of local or municipal government or a state agency forpurposes of state statutes or constitutional provisions. [1995 c.162 §2; 1999c.291 §2; 2001 c.123 §1]

353.030Public policy of university; missions; purposes. (1) It shall bethe public policy of the Oregon Health and Science University in carrying outits missions as a public corporation:

(a)To serve the people of the State of Oregon by providing education in health,science, engineering and their management for students of the state and region.

(b)To provide:

(A)An environment that stimulates the spirit of inquiry, initiative andcooperation between and among students, faculty and staff;

(B)Research in health care, engineering, biomedical sciences and general sciences;and

(C)The delivery of health care to contribute to the development and disseminationof new knowledge.

(2)The university will strive for excellence in education, research, clinicalpractice, scholarship and community service while maintaining compassion,personal and institutional integrity and leadership in carrying out itsmissions.

(3)The university is designated to carry out the following public purposes andmissions on behalf of the State of Oregon:

(a)Provide high quality educational programs appropriate for a health and scienceuniversity;

(b)Conduct research in health care, engineering, biomedical sciences and generalsciences;

(c)Engage in the provision of inpatient and outpatient clinical care and healthcare delivery systems throughout the state;

(d)Provide outreach programs in education, research and health care;

(e)Serve as a local, regional and statewide resource for health care providers;and

(f)Continue a commitment to provide health care to the underserved patientpopulation of Oregon.

(4)The university shall carry out the public purposes and missions of this sectionin the manner that, in the determination of the Oregon Health and ScienceUniversity Board of Directors, best promotes the public welfare of the peopleof the State of Oregon. [1995 c.162 §3; 2001 c.123 §3]

353.035Certain laws to be liberally construed; severability. Chapter 162,Oregon Laws 1995, shall be liberally construed to effect the purposes andintent thereof. If any provision of chapter 162, Oregon Laws 1995, or theapplication of that provision to any particular circumstance or person, shallbe held invalid, the remainder of chapter 162, Oregon Laws 1995, and theapplication of that provision to circumstances or persons other than those towhich it is held invalid shall not be affected thereby. [1995 c.162 §90]

Note: LegislativeCounsel has substituted “chapter 162, Oregon Laws 1995,” for the words “thisAct” in section 90, chapter 162, Oregon Laws 1995, compiled as 353.035.Specific ORS references have not been substituted pursuant to 173.160. Thesesections may be determined by referring to the 1995 Comparative Section Tablelocated in Volume 20 of ORS.

BOARDOF DIRECTORS

353.040Board of directors; appointment; membership; meetings; removal of members. (1) There isestablished an Oregon Health and Science University Board of Directorsconsisting of 10 members. The directors, except for the president of theuniversity, shall be appointed by the Governor and shall be confirmed by theSenate in the manner prescribed in ORS 171.562 and 171.565.

(2)Except for the president of the university, the term of office of eachnonstudent member is four years. The term of office of the student member istwo years. Before the expiration of the term of a member, the Governor shallappoint a successor whose term begins on October 1 next following. A member iseligible for reappointment for one additional term. If there is a vacancy forany cause, the Governor shall make an appointment to become effectiveimmediately for the unexpired term. The board shall nominate a slate ofcandidates whenever a vacancy occurs or is announced and shall forward therecommended candidates to the Governor for consideration. To assist theGovernor in appointing the student member, the duly organized and recognizedentity of student government shall submit a list of nominees to the Governorfor consideration.

(3)The membership of the board shall be as follows:

(a)One representative who is a nonstudent member of the State Board of HigherEducation.

(b)Seven representatives who, in the discretion of the Governor, have experiencein areas related to the university missions or that are important to thesuccess of Oregon Health and Science University, including but not limited tohigher education, health care, scientific research, engineering and technologyand economic and business development.

(c)One representative who is a student enrolled at the university.

(d)The president of the university, who shall be an ex officio voting member.

(4)Directors must be citizens of the United States. Except for the president ofthe university, no voting member may be an employee of the university.

(5)The board shall select one of its members as chairperson and another as vicechairperson for such terms and with such duties and powers as the boardconsiders necessary for performance of the functions of those offices. Theboard shall adopt bylaws concerning how a quorum shall be constituted and whena quorum shall be necessary.

(6)The board shall meet at least once every three months at Oregon Health andScience University. The board shall meet at such other times and placesspecified by the chairperson or by a majority of the members of the board.

(7)The Governor may remove any member of the board at any time for cause, afternotice and public hearing, but not more than three members shall be removedwithin a period of four years, unless it is for corrupt conduct in office. [1995c.162 §4; 1999 c.291 §3; 2001 c.123 §4]

353.050Powers and duties of board and university officials. Except asotherwise provided in this chapter, the Oregon Health and Science UniversityBoard of Directors, or university officials acting under the authority of theboard, shall exercise all the powers of the Oregon Health and ScienceUniversity and shall govern the university. In carrying out its powers, rightsand privileges, the university shall be a governmental entity performinggovernmental functions and exercising governmental powers. The university orthe board may either within or outside the state:

(1)Determine or approve policies for the organization, administration anddevelopment of the university.